43(B)log

OCTOBER 28, 2024

Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D.

False Advertising 59

False Advertising Advertising Advertising Design 59

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Welch 2024. Afrebay, Inc.

Advertising 53

Advertising Advertising Designs Design 53

TorrentFreak

JULY 18, 2024

Take for example a statement early February 2024, just a few weeks before new law came into effect that tightened the noose further still on the use of VPNs in Russia. These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. .

Government 124

Government Law Privacy Advertising 124

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024). 8398/2024).

Advertising 111

Advertising Advertising Reporting Design 111

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Welch 2024.

Design 59

Design Designs Registration Trademark 59

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

Advertising 111

Advertising Advertising Design Designs 111

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

43(B)log

AUGUST 29, 2024

2024 WL 3925408, No. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing.

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IP Intelligence

MAY 9, 2024

4, 2024, the Board upheld a refusal to register Post’s proposed mark on the ground that it fails to function as a trademark given that it is not inherently distinctive and has not acquired distinctiveness under Section 2(f) of the Trademark Act. [2] 4, 2024) (precedential). [2] Post then appealed the examiner’s refusal to the Board.

Advertising 98

Advertising Advertising Trademark Registration 98

The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Design 53

Design Designs Registration Service Mark 53

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc.

False Advertising 69

False Advertising Advertising Advertising Patent 69

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

TorrentFreak

DECEMBER 15, 2024

When compared to a mailed cease-and-desist notice, similar documents served in person are designed to have a personal impact, and are often credited with presenting a tangible reality more likely to yield results. SimilarWeb traffic data indicates that in September, October, and November 2024, bakashi.tv and Bandai Namco Filmworks Inc.,

Cease and Desist 79

Cease and Desist Reporting Advertising Advertising 79

IP and Legal Filings

NOVEMBER 11, 2024

2024 for further understanding of the concept of well-known trademarks. 2024 CITATION OF THE CASE MANU/DE/2398/2024 NAME OF THE COURT HON’BLE HIGH COURT OF DELHI PLAINTIFF IN THE CASE HALDIRAM INDIA PVT. The name Haldiram has become synonymous with the aforementioned logo designs. vs. Berachah Sales Corporation and Ors.,

Trademark 75

Trademark Branding Brands Branding 75

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. It’s disorientating by design and can lead to the appearance of 100 new target sites in as little as a month.

Reporting 139

Reporting Advertising Advertising Copying 139

43(B)log

OCTOBER 18, 2024

GSP Golf AB, 2024 WL 4276497, No. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf courses in the world. Although the court dismissed a contract claim, copyright and false advertising claims survived. Trackman, Inc. 598 (NRB) (S.D.N.Y.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

JUNE 11, 2024

2024 WL 2883671, No. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). Were the statements in an advertisement? Enigma Software Gp.

Advertising 64

Advertising Advertising Design Designs 64

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. The combination does not result in an incongruous or unusual designation with no definitive meaning or significance other than as a mark. Welch 2024. "captures the consumer’s attention and identifies Applicant as the source of the goods." example below].

Advertising 119

Advertising Advertising Trademark Design 119

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

SpicyIP

AUGUST 8, 2024

However, to further assert their claim over the trademark “SURYA”, the plaintiffs attached “evidence” from newspaper advertisements to supplement their case. To further their assertion, they submitted the copies of the newspapers, where the plaintiff claimed to have had their advertisements.

Trademark 111

Trademark Marketing Marketing Advertising 111

SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Other Posts Ulm University v.

Registering Trademarks 97

Registering Trademarks Licensing Trademark Advertising 97

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. “The initial term of the contract shall run from the date of award (following this tender process) to 31 March 2024.

Intellectual Property 136

Intellectual Property Advertising Advertising Contracts 136

The IPKat

AUGUST 19, 2024

Background “Habanos” (Spanish for “from Havana”) is a Cuban designation of origin (DO) [a type of geographical indication, GI, if this Kat may simplify this] for cigars that are produced in the entire territory of Cuba. This has prompted this Kat to comment on the OLG Munich’s ruling in Habana II, which is now final. Generic character (paras.

Art 109

Art Design Designs Advertising 109

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Google LLC , 2024 WL 2809371 (Cal. Case citation : Freethinker v.

Contracts 98

Contracts Design Designs Publishing 98

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. Recent developments include e-filing and expedited examination procedures designed to facilitate registration.

Branding 104

Branding Brands Branding Technology 104

43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC has a stake in another company, Akoya, designed to compete with Plaid. “[W]hile

Advertising 52

Advertising Advertising False Advertising Design 52

TorrentFreak

MAY 31, 2024

Data just published, covering the first quarter of 2024, begins with an overview of the number of blocking applications filed by rightsholders since records began in 2012. Even though three-quarters of the year remains, it seems unlikely that 2024 will see as many applications as 2023 or 2022. 10downloader.com 71. genteflowmp3.one

Music 118

Music Reporting Advertising Advertising 118

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

Artwork 119

Artwork Trademark Publishing Marketing 119

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 72

Design Patent Design Designs Trademark 72

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. sought to send the case to arbitration.

False Advertising 98

False Advertising Government Privacy Design 98

Selvam & Selvam Blog

DECEMBER 6, 2024

In a recent dispute between Indias largest airline, IndiGo, and automobile manufacturer Mahindra Electric, ( Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC – CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral 6E. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.

Trademark 52

Trademark Intellectual Property Registration Branding 52

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

MARCH 6, 2024

2024 WL 939151, No. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Montgomery v. Stanley Black & Decker, Inc., 23-735-cv (2d Cir.

Advertising 59

Advertising Advertising Business Design 59

IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

Branding 52

Branding Brands Branding Design 52

43(B)log

SEPTEMBER 20, 2024

2:23-cv-1541, 2024 WL 4217446 (S.D. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its red mark, black trade dress, black label, and yellow barrier design that were allegedly infringed by competitor SBM’s competing products.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119